DARIA ZALOZNA, attorney at the “Barristers” Law Firm

 Marriage is a union between two people based on mutual respect, love, and trust. When these foundations are destroyed, everyone has the right to freedom.

Marriage, like its dissolution, is based on the VOLUNTARY consent of the husband and wife.

If one spouse refuses to appear before the Civil Registry Office, the only option for dissolving the marriage is to file a petition with the court.

Divorce by mutual consent through the Civil Registry Office is possible only if the couple has no minor children together. Otherwise, it is necessary to file a lawsuit in court.

In any case, the court will issue a ruling dissolving the marriage, as coercion into marriage is not permitted, even if one of the parties objects.

What can affect the duration of the court proceedings?
Delays in the proceedings caused by the spouse who does not consent to the divorce;
the court, upon a party’s motion, will grant a period for reconciliation (no more than 6 months).

The court will not take any measures toward reconciliation if one of the spouses has committed domestic violence.

Therefore, the statement, “I won’t grant you a divorce,” is an empty threat, a form of blackmail, and a violation of personal freedom that has no legal significance.